Georgia Estate Planning Questions & Answers
Q: If I'm left money in a will is the executor responsible in getting that to me?
P. Justin Thrailkill's answer
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.
Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old
3 Answers
| Asked
in
Child Custody, Child Support, Estate Planning and Family Law
for
Georgia
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Kim Ebert's answer
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
Q: As trustee of trust and property owner in individual capacity. Can I file chap 7. Property schedules for FC April 2
Bruce Alexander Minnick's answer
This combination of inter-related questions would require at least 10 hours of professional legal time to respond to, time valued at least $3,000. Hire a lawyer.
This combination of inter-related questions would require at least 10 hours of professional legal time to respond to, time valued at least $3,000. Hire a lawyer.
Q: Can I use e plurubus Unum as name for my brand as long as it don’t contain the logo
1 Answer
| Asked
in
Estate Planning, Consumer Law, Copyright and Criminal Law
for
Georgia
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Marcos Garciaacosta's answer
You should check if it is registered already.
If it is not, you may get it, depending on what it is used for.
Most government names, brands, documents, etc. are not registered.
They may have security protection, but unless that is the case, or are other requirements for privacy, it is public information.
Make a consultation so you can be properly protected.
You should check if it is registered already.
If it is not, you may get it, depending on what it is used for.
Most government names, brands, documents, etc. are not registered.
They may have security protection, but unless that is the case, or are other requirements for privacy, it is public information.
Make a consultation so you can be properly protected.
Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes
1 Answer
| Asked
in
Estate Planning, Intellectual Property and Tax Law
for
Georgia
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil trial lawyer to keep you from being evicted--by your own children. If you and your brother are sitting on lots of cash, then hire a lawyer TODAY. However, if you and your disabled brother are poor...
Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil trial lawyer to keep you from being evicted--by your own children. If you and your brother are sitting on lots of cash, then hire a lawyer TODAY. However, if you and your disabled brother are poor...
Q: Aft er both of my parents died,mother 1996 and father 1985, I moved into the family home. I HAVE lived here for the past
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case in detail and help you with the proper response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney who can review the facts of your case in detail and help you with the proper response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: We own 81 acres of land shared by 4 families not divided. Can property be sold if one family do not agree to sell?.
Robert W. Hughes Jr.'s answer
All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.
All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.
Q: Can I sell deceased dad's jewelry to pay probate court costs to petition the court to be Administrator?
Robert W. Hughes Jr.'s answer
There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.
There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.
Q: Can a trustee use funds from an irrevocable trust to create a new irrevocable trust for a different beneficiary?
Jammie Taire's answer
This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney so they can review the trust for you.
This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney so they can review the trust for you.
Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?
Jammie Taire's answer
I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less than 1/3. If there are two children then each of you and the spouse get 1/3. If there are three children - then the three children would split 2/3 and the spouse would get 1/3. Therefore, if no one...
I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less than 1/3. If there are two children then each of you and the spouse get 1/3. If there are three children - then the three children would split 2/3 and the spouse would get 1/3. Therefore, if no one...
Q: I was one day late giving answer to the eviction. I emailed the court yesterday on the final day to let them know I was
Jammie Taire's answer
This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.
Kelli Y Allen's answer
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed
Robert W. Hughes Jr.'s answer
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Q: I lived in Louisiana but now live in Georgia - I created my will before moving several years ago. Is it valid in GA?
Robert W. Hughes Jr.'s answer
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
Q: My uncle passed away without signing his will.he only has one sibling living does she get his estate
Robert W. Hughes Jr.'s answer
If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Health Care Law
for
Georgia
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: My daughter died she was divorcing her husband they lived apart can he gain control of her house.
Ellaretha Coleman's answer
Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
Q: In GA, how does an executor of a will decline to serve so that the next name listed gets appointed?
P. Justin Thrailkill's answer
I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.
I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.
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